Nine years have lapsed since 17th June 2014 when Lahore witnessed the worst tragedy known as the ‘Model Town Tragedy’ or Lahore Massacre, the first in its own nature in the history of Pakistan where the Police were used by the Political masters to shoot the innocent citizens in result thereof 14 innocent people including two women lost their precious lives leaving a hundred others severely wounded. The grave incident of ‘Model Town’ as it is reported occurred in the backdrop of the ‘Inqilab March’ already declared by Patron Chief of PAT Dr. Tahir-ul-Qadri. The occurrence was followed by the ‘Inqilab & Azadi March’ as PTI joined hands with PAT, however, the great march ended after the lapse of four months. FIR was lodged which failed to redress the grievance of innocent citizens in response thereof PAT leadership filed a private complaint that put a law into motion, and the legal proceedings got initiated at a snail’s pace under the flawed justice system. The cumbersome trial has not yet been able to fix the responsibility despite the lapse of nine years. Virtually, since the year 2019, after the stay order on the third JIT, no progress in the trial is in sight, rather powerful accused have been acquitted by virtue of Section 249-A CrPc in the absence of any trial.
Occurrences like Model Town tragedy is a test case for any system to be examined and to observe muscles of justice whether or not capable of punishing the real culprits. However, sadly, for reasons unknown, the system has not been able yet to render justice for those families whose near and dear ones lost their precious lives as well as for those who were injured in the tragic occurrence. The affected people complain of justice as the common man often puts the question. ‘Wither justice’, justice which should not only be done but seems to be done. The protracted proceedings and endless delays in the model town case have besmirched our justice system and there seems to be a recession in our justice system which is still continuing.
According to the World Justice Project’s Rule of Law Index 2022 report Pakistan ranks 129 out of 140. This position on the global index is a scale to measure the rule of law in our country. Interestingly, even in South Asia, Pakistan ranks 5th out of six countries. Nepal ranks 69th out of 140 globally followed by Sri Lanka and India. Even Bangladesh ranks above us, apart from Afghanistan—a war-torn country. What to say to compete with countries who are considered ideal for ensuring the rule of law like Denmark, Norway, Finland, Sweden, and the Netherlands—with the world’s top ranking five countries on the global index. In the backdrop of this scenario, we can visualize our gloomy picture, and can see the level of Civil and Criminal Justice; Rule of Law; Order and Security and fundamental Rights; absence of corruption, and so on.
The judicial system is considered the backbone of any state to ensure the rule of law as in the absence thereof, the state cannot exist or function properly. Leaving aside loopholes that must be remedied as a practicing Lawyer I have witnessed different treatment meted out to different people: one for the poor and weak and another for the ruling elite. Offenders of the same crime are treated differently for reasons unknown. One gets away with his crime while the other is punished. Article 25 of The Constitution abhors discrimination and demands everyone is equal before the law, however, everyone is not equal before the law. Sadly, reality bites as the cases seem decided on status value.
Why have we failed to establish such a judicial system that could ensure the Rule of law equally both for rich and poor? One fundamental reason seems to carry on with the obsolete colonial justice system which had been established to protect the interests of the British Raj. In hard times, it is a Herculean task to protect fundamental rights however, the judges with vision wearing the robe of human rights have the spirit, work, ethic, and dedication to public service, and to the fair and just administration of justice to all can well keep the torch of justice aloft for millions of Pakistanis who are facing innumerable problems in access to justice. Silence is not the solution to problems as Martin Luther King Jr. said, “Our lives begin to end the day we become silent about things that matter.”